10 u 12 13 14 15 16 7 18 19 20 2 22 23 24 25 of attorney would have permitted her to do? A She told me that it would just be a medical-- that--to just consent so she can have--she will be able to contact my health provider and just inform about my sessions and my--the status of my mental well-being. That's what she told me. That's the only thing she said. "I have the same thing for-- with my friends," and it was just a--something very normal, a consent, a re-- Q That's what she told you? A -yes. Q What did you learn later on? A I took that document--1 told her that I want to-- Q I don't want to hear how you arrived at it, or who told you what. What did you learn later-- A --there-- Q -that that document actually was? MR. ALTSHULER: Well, I'm going to object. WITNESS: --that that document was-- COURT: Okay. Hang on, Mr. Malenko. MR. ALTSHULER: I'd like to see the document, first of all. And what somebody said it meant is a hearsay statement. WITNESS: I can pull it out if you-- COURT: Wa--do you have the document? 11010 ul 12 13 14 15 16 7 18 19 20 2 2 23 24 25 MR. WAXMAN: I don't have the document. Well, on the computer? WITNESS: No. I have it in hard copy. MR. WAXMAN: Do you want to take a break and find it? MR. ALTSHULER: No. I'm want to object to it. I don't know why I'm seeing these things the morning of trial, your Honor, the day of trial. COURT: All right. Is this the document--when was this--when was the notice of this document given to-- MR. ALTSHULER: It's not. It's not even on the list of exhibits. COURT: --all right. Well, then, we're--well, then, that's--the objection is sustained. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q Well, what is your understanding as to what that document actually-- MR. ALTSHULER: I object. I think-- COURT: Sustained. MR. WAXMAN: --all right. COURT: Let's move on. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q In any event, there was a power of attorney, your health care power of attorney, that she wanted you 11110 aT 12 16 17 18 19 20 2 2 23 24 25 to sign, right? A Yes. Q Okay. Did you want to sign it? A Absolutely not. Q Did this become an issue in--as far as arguments going on? A - Either I would sign it, or I would leave the house again. Q Okay. A And I ended up staying with her parents again. I ended up leaving the house. Q Well, when--was there an incident recorded as number sixty-six on the November, 2007 CD, in which this argument takes place? A Yes. MR. WAXMAN: All right. I'd move for the admission of file number sixty-six on the November, 2007 cD. MR. ALTSHULER: Renew my objection, your Honor. COURT: Okay. It's admitted. MR. ALTSHULER: Am I going to have a chance to listen to this before-- COURT: Well, I assume you have copies of them. MR. WAXMAN: You've got them. COURT: And, you know, I understand you had 11210 u 12 13 14 15, 16 17 18 19 20 2 2 23 24 25 difficulty listening to them, for whatever reason. I don't know. You know, if you want to take the opportunity to listen to them before I listen to them, or before they're played further in the courtroom, by all means, we'll allow that to happen, but-- MR. ALTSHULER: I just want to make sure the record's clear that we're talking, according to my associate, hours of material on these CD's. MR. WAXMAN: I'm telling you the exact file. It's not hours. MR, ALTSHULER: Well, let me just put this for the record, please, your Honor. COURT: Okay. MR. ALTSHULER: Hours of material on files that we got delivered to us on Thursday. Only today, did we actually get--identify which ones they were. COURT: Okay. It seems to me that neither party really complied with the judge's order, in real spirit, that all exhibits be provided ten--no less than ten days prior to the trial. That's real troubling to me, because this case is hotly contested, and these issues are issues that should have been taken care of well prior to today. I--you've caused me to have to sift through these things as we go through this hotly contested trial, and that's difficult. I understand 11310 ul 2 14 15 16 17 18 19 20 2 2 23 24 25 the problem. This was provided to you, Mr. Altshuler, although late. It was provided to you well before today. You had an opportunity to listen to it. You chose not to. I understand the press of business that you had, but it's going--these things are going to be admitted. If you want an opportunity to listen to them before I listen to them, or before they're played in court, by all means, we'll let that happen. So, this is going to be admitted. This is November, '07, number sixty-six. MR. WAXMAN: Correct. MR. ALTSHULER: And I just want to note for the record, your Honor, that other than the financial statements that are part of the file already, and the DVD's that I supplied the other side with the specific scene two weeks before trial, and I also supplied Leslie Devoe's report sixteen days before trial, with all the attachments. There's no other document, other than those, that I'm putting into evidence, that they didn't get sixteen days in material form. So, there's nothing I gave to them that they didn't have four-- sixteen days before trial. couRT: All right. Well, anything that was given to Mr. Waxman at least ten days prior to today is perfectly fine. S80, are we calling this November, '07, 11410 u 12 13 14 15 16 q7 18 19 20 2 22 23 24 25 number sixty-six file Plaintiff's-- your MR. WAXMAN: Oh, yes. COURT: --are we numbering them? We ought to. MR. WAXMAN: We did already, I think, in a-- couRT: #637 MR. WAXMAN: --yeah. I believe that's correct, Honor. COURT: Okay. MR. WAXMAN: Yes. That is correct. COURT: Hang on, Mr. Waxman. We need to-- MACHINE OFF MACHINE ON COURT: Okay. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN And let me ask you about the substance of this @iscussion about the medical power of attorney. Did you ask Lori if you could use the car? I did, because I was applying for jobs, and I have to go to FedEx to do my (indiscernible) test or something like that. What was her response? She would do it if I would sign the health care power of attorney. Okay. And did you refuse? Of course. 11510 ul 12 13 14 15 16 17 18 19 20 a 2 23 24 25 Q All right. A I actually ended up-- MR. ALTSHULER: Objection. MR. WAXMAN: You don't have to answer. There's no question pending. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q All right. So, now, we're talking about November of 2007, You're in South Portland. You've both come back from Budapest. By the way, when you come back, does Lori report to police that you've threatened to kill her? MR. ALTSHULER: Objection. Leading question, your Honor. WITNESS: Not that I'm aware of. MR. WAXMAN: Your Honor, that-- COURT: Well--well, it is somewhat leading. MR. ALTSHULER: I've tried to re--not make too many objections, but, you know, when he (indiscernible) -- MR. WAXMAN: TI can rephrase. I can rephrase. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q@ When you came back, did Lori contact the police? A Not that I'm aware. Q Did the police ever arrive on your doorstep in November? 11610 i 12 13 14 15 16 17 18 19 20 2 2 23 24 25 A Absolutely not. Q Didn't she just say to the doctors in Europe, with you hearing them, that you'd threatened to kill her? A ‘That's--yes, she did. Q All right. So, November, 2007, you're back in South Portland. We know that you don't file for divorce until May 16, 2008, correct? A Mmbmm. Q Are you still having some of the same arguments during those six or seven months with Lori? COURT: Excuse me, Mr. Waxman. I--sorry to interrupt, but I'm told by Ms. Green that Mr. Malenko needs to speak up a little--little-- MR. WAXMAN: Yeah. WITNESS: Sorry. COURT: --that's okay. Just--he's rather soft- spoken. He needs to speak up a little bit so she can catch it on the microphone. MR. WAXMAN: Okay. So, the-- COURT: Sorry to interrupt. MR. WAXMAN: --that's fine. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q The status quo from November, 2007 through May-- A ‘I refused to sign the power of attorney. I ended 11710 un 12 13 14 15 16 17 18 19 20 2 22 24 28 up living with her parents for a couple of weeks. In the meantime, I got a job, and she allowed me to come back home, upon two demands that I didn't meet was returning our daughter's passport back to her, which T had put in a safety deposit box, because I was afraid she was going to take off again, and at that point, she asked me to--she actually forced me to commit to this program at Maine Medical with Dr. McCarty. And I informed the people there what the situation was, and that I actually had absolutely no interest, and I told them that I would have to do that in order to see my child. Otherwise, I would end up on the street. I called the domestics hot--domestic violence hotline. And they told me-- MR. ALTSHULER: Objection. Don't say what it--somebody else said. You called the domestic violence hotline why? --and I--and I--because I needed to know what to do from that point on, because she--as I said, she threw me out on the street, basically, again, because I didn't sign that health care power of attorney. And-- Let me stop you for a moment. Did you learn at some point that while you were in Budapest, in 11810 u 12 13 14 15, 16 17 18 19 20 2 2 23 24 25 addition to the intervention and the ambulance, that she tried to have you involuntarily committed? A --I did. Q Did you learn that she tried to--she contacted her boss, Elaine Seronka, to try to help involuntarily commit you? MR. ALTSHULER: Objection. Leading question, your Honor. COURT: Sustained. MR. WAXMAN: Okay. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q Do you know who your wife contact in order to try to get you committed? A Two people that I'm aware of, Elaine Seronka and some guy named Ian Giles [sic]. Q Okay. You weren't involuntarily committed, were you? A Absolutely not. Q All right. Were the police called to your home in early May of 2008 again? A TI actually needed to call the police. Q All right. why? A Tt was Mother's Day, and it was the day I-- Q You want to keep your voice up, please? 11910 ul 12 13, 14 15 16 17 18 19 20 a 22 23 24 25 --it was Mother's Day of the month of May. And it was just the day after we have had the discussion where I told her that I was considering to file for divorce, and she asked me to immediately leave the house. I said I would leave the house as-- really, in a few days, because I needed just at least to have some money to stay somewhere. And, so, we had this discussion that was going on, and the next day, she was basically furious that I had not arranged anything for Mother's Day. Well, she just asked me to leave the house on the day before, and she took Mila to go to the Children's Museum, I believe, in Portland. And she left. She came back within ten minutes, walked upstairs where I was doing some work behind the computer, and she just told me that she decided she changed her mind. She decided to take Mila to Sorrento for two weeks. And she's gonna be gone (indiscernible). So, I said--I was on-- Let me just stop you for a second. --yes. Sorrento, so we all understand, is that another home that Ms. Handrahan owns? Yeah. That's six hours driving from here. Six hours from Maine--from here? 12010 i 12 13 14 15 16 17 18 19 20 a 22 23 24 25 Yes. (Indiscernible). Yes. Okay. Go ahead. So, she told you that she's going to go to Sorrento for two weeks? Two weeks. Yeah. Okay. And that she's gonna contact me. She will be there (indiscernible). That's what she said. I said that I did not really agree to that, and that if she needed to go there, she's free to go, but Sorrento is not a child safe house, and it was not--for two weeks' time, she--I mean, she just grabbed a small bag. It looked like she was gonna go to a--to the library or somewhere else, and come back. And I just--I thought that it was-- something pretty strange was going on. So-- Okay. -it was not really-- When I do thi. stop. --yeah. If she left with your only car, how would you get to work? I have no idea. I have to be the next morning, six o'clock at my--I had to switch it so I could be able to care better for Mila, since she got this new job, but I had no idea. We had one 12110 ul 12 13 14 15, 16 17 18 19 20 2 22 23 25 vehicle, so-- Okay. --I had no idea how to do that. So, when she--did she ask you if she could go to Sorrento? No. I told her that I would be probably getting in a lot of problems at work, because I--there was no other way to come there. All right. But did she ask you whether it was okay with you that she take your daughter-- Oh, not before. No. No. --to Sorrento for two weeks? She said she's taking her away, and that was it. So, what did you do? What I did was I stayed calm, I told her that I did not agree with that. I actually at that point kind of played with Mila, and I picked up the phone, and I was planning to call the police. she was following me down the stairs as I was walking and cheering Mila up, so she would not pick up on any energy. And I was unable to dial the number, but what I did is I went outside of the house, back of the house with her phone, and I called the neighbor. I called--her name is Debby. And I called her, and I said, "Please come out," and I 12210 u 12 13 14 15 16 17 18 19 20 2 2 23 24 25 said, "Please call the police. She's trying to take my child away again," and Debby came out. And I gave Mila to our neighbor, to Debby. Q Let me stop you right there. Okay. Did you r is this recorded, also? A It's also recorded. Yes. Q All right. And does this reside on what's been labeled Plaintiff's Exhibit 64, otherwise as May, 2008? A Yeah. Yes. Q And is this file number one twenty-four? A Exactly. Q You've listened to this. Is it accurate? A It's absolutely accurate. Q Have you changed it (indiscernible) in any way? A Absolutely not. MR. WAXMAN: All right. I'd move for the admission of-- WITNESS: (Indiscernible) . MR. WAXMAN: --file number one twenty-four on May, 08 CD, which is Plaintiff's Exhibit 64. MR. ALTSHULER: Same objection. And I assume it goes without saying that I'm assuming these are complete conversations and not starting and stopping where Mr. Malenko wants it to, but I don't know that 12310 ca 12 13 14 15 16 7 18 19 20 2 2 23 24 25 till I hear all these. MR. WAXMAN: They are. COURT: Okay. It's admitted. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Before you had handed the child off to Debby, okay, was your child screaming? Not at all. At some point in this-- Iwas (indiscernible) trying to call the number, and-- =-at some point, do we hear on the tape the child screaming? --yes. Why? Because she ripped the child out of Debby's hands, basically. Okay. And I think you were saying that you gave the child to Debby. What did you do next? I asked Debby to call the police. Her son was there, and I ran up the street to the next door neighbor on the other side, who is the pediatrician, and knew us very well, with his wife. Is his name John? Dr. John Girard [sic]. Yes. 12410 i 2 13 14 15 16 17 18 19 20 2 2 23 24 25 All right. And he has taken care of our dog and cat while we were in Budapest, so he was somebody that I was begging for help with. And, by the way, just so--now that you've raised it, what's your dog's name? Bika [sic]. Bika? And what's your cat's name? Nina. Did you have these animals before you were married? Yes, I (indiscernible). And do you, in this divorce, do you want them back? I do, actually. All right. So, you contacted John. And did the police arrive at some point? Yes. Very briefly after that, within five minutes, I would say, they arrived. Okay. I don't want to hear what they said. Did she, nonetheless, go off with your child to Sorrento? Yes. And she said she was going for two weeks, right? She did. 12510 art 12 13 14 15 16 17 18 19 20 2 2 23 24 25 Q She came back the next day, right? A Yes. Q Okay. I think you filed for this, the records show, on May 16*-- A Five days after that. Q --does that sound--that sounds correct? A Yes. Five days after that. Q And I've got Plaintiff's Exhibit 1, which is the complaint for divorce, with the associated documents. MR. WAXMAN: I mean, the Court has this, but I'll move for its admission at this point. COURT: Okay. It's admitted. MR. ALTSHULER: It's a court document. I don't-- MR. WAXMAN: Right. All right. MR. ALTSHULER: --(indiscernible), but I don't care. DIRECT EXAMINATION CONTINUED BY MR. WAXMAN Q So, on the 16, you filed for divorce. Do you know when it was served on your wife? A On the 23", in the morning. I think it was eight o'clock, eight-thirty. I have the--their receipt. Q All right. What else happened on May 23"? A According to phone records that I have- Q No, No. Was there a protection from abuse 126